Transfer of property
SUNIL
(Querist) 23 July 2012
This query is : Resolved
the property is registered to deceased mother , how to get it registered on son's name
Devajyoti Barman
(Expert) 23 July 2012
Who are the legal heirs?
If you are the sole legal heir then you automatically inherit the property on her death. You only need to get your name t=registered in the Municipality Record.
Rajeev Kumar
(Expert) 23 July 2012
If you are the sole legal heir then the property is automaticaly passes in your hand. You have only registered in municipality record in your name. If there are other legal heirs then the property will equally distributed among all and registered their share seperately in municipal record. In case other legal legal heir relinquish their share in favour of you or gifted their share in your favour via registered relinquishment deed or gift deed then you can registered your name in municipalty record.
SUNIL
(Querist) 24 July 2012
I have unregistered will giving this property to one son, there are no disputes, rest of the family supports as they have other properties as share.
Class-I heirs include husband, two married sons, one married daughter (Hindu Family).
Is registered relinquishment deed or gift deed required in this case?
Anirudh
(Expert) 24 July 2012
Depending upon where the property is situated, you have to get the WILL probated. Probate of will is required in Presidency Towns of Calcutta, Mumbai, Chennai etc., (not Delhi).
When you file the application for probate before the Court, naturally others (i.e. legal heirs) will come and either oppose the probate or support the probate.
IF there is no opposition, then the court will grant probate of the WILL. And on the basis of the said probate, you can get the property changed into your name in the registrar's records.
Once there is a WILL, there is no requirement for relinquishment deed or gift deed - this is for the simple reason that if the WILL is genuine and valid, others do not have right in the property and as such they can neither relinquish their non-existing right in a property, nor gift the property which they do not own.
